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PINES v. PERSSION

14 Wis.2d 590 (1961)

PINES and others, Respondents, v. PERSSION, Appellant.

Supreme Court of Wisconsin.

October 31, 1961.

Attorney(s) appearing for the Case

For the appellant there was a brief by Wilkie, Anderson, Bylsma & Eisenberg of Madison, and oral argument by Donald S. Eisenberg.

For the respondents there was a brief by Immell, Herro, Buehner & DeWitt, and oral argument by Duane P. Schumacher and Robert D. Martinson, all of Madison.

MARTIN, C. J.

We have doubt that sec. 234.17, Stats., applies under the facts of this case. In our opinion, there was an implied warranty of habitability in the lease and that warranty was breached by the appellant.

There is no express provision in the lease that the house was to be in habitable condition by September 1st. We cannot agree with respondents' contention that the provision for "including furniture to furnish the said house suitable for student...

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